What type of evidence may be allowed as rebuttal evidence?

Master the Evidence Bar Exam. Study with flashcards and multiple choice questions, each providing hints and explanations. Prepare confidently for your exam!

Rebuttal evidence is introduced to counter or challenge the evidence presented by the other party. In this context, evidence of impossibility can be used as rebuttal evidence because it directly addresses and contradicts claims made by the opposing party. For example, if a party argues that a certain action was feasible, introducing evidence that demonstrates the impossibility of such an action effectively rebuts that claim, reinforcing the credibility of the rebutting party.

The other types of evidence listed have different implications. Evidence of subsequent remedial measures, while it can show changes made after an incident, is generally inadmissible to prove negligence or culpability in many jurisdictions, as it could dissuade parties from making improvements for safety. Evidence of prior settlements typically cannot be used to affect liability or fault, as it is often considered irrelevant to the issues at hand. Lastly, evidence of habit might be relevant for establishing a person's usual conduct, but it may not directly counteract evidence presented by the opposing party in the way that evidence of impossibility can.

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